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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  May 2024

24-IB21 05/28/2024 FOIA Opinion Letter to Edward Bintz re: FOIA Complaint Concerning the Association of Coastal Towns

Petitioner alleged that the Association of Coastal Towns (“ACT”) is a public body that has not followed FOIA’s requirements. Specifically, Petitioner asserted that ACT violated FOIA by failing to conduct its December 5, 2023, December 7, 2023, and December 20, 2023 meetings in accordance with FOIA’s public notice and comment requirements; failing to hold its alleged December 1, 2023 committee meeting in accordance with the public notice and comment requirements; and failing to meet Section 10003’s requirements to designate a FOIA coordinator, implement a FOIA request policy, and to create a web portal for accepting requests.

DECIDED: ACT is found to be a public body. As ACT did not meet its burden to demonstrate compliance with respect to the Petition’s claims, we find that ACT violated FOIA as alleged.

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24-IB20 05/22/2024 FOIA Opinion Letter to Joshua Morgan, Sr. re: FOIA Complaint Concerning the Division of Delaware State Police, Department of Safety and Homeland Security

Petitioner alleged that the Division of the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied information about his case.

DECIDED: As the DSP appropriately denied the request under the investigatory files exemption, no FOIA violation occurred.

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24-IB19 05/22/2024 FOIA Opinion Letter to Richard Abbott re: FOIA Complaint Concerning the Delaware Department of Transportation

Petitioner alleged that Delaware Department of Transportation violated FOIA by failing to reduce its cost estimate.

DECIDED: As the cost estimate met FOIA’s requirements, no violation was found.

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24-IB18 05/07/2024 FOIA Opinion Letter to Shannon Marvel McNaught re: FOIA Complaint Concerning Sussex County

Petitioner alleged that Sussex County improperly denied access to records related to a notice of violation pursuant to the investigatory files exemption.

DECIDED: As the County provided an affidavit supporting that this exemption was appropriate, no violation of FOIA was found.

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24-IB17 05/01/2024 FOIA Opinion Letter to Warren Rosenkranz re: FOIA Complaint Concerning the Village of Arden

Petitioner alleged that the Village of Arden failed to respond to a resubmitted request, improperly engaged a law firm, and and improperly denied records that should have been made available to the petitioner as a member of the Village’s Town Assembly.

DECIDED: The Petition’s claims are not appropriate for this Office’s determination.

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